Montana Code Annotated 2021



Part 6. Enforcement, Appeal, and Penalties

Appeals From Board Orders -- Review By District Court

75-5-641. Appeals from board orders -- review by district court. (1) An appeal of an order of the board must be in the district court of the county in which the alleged source of pollution is located.

(2) A person interested in the order may intervene, in the manner provided by the rules of civil procedure, if the person shows good cause. An intervenor is a party for the purposes of this chapter.

(3) The attorney general shall represent the board if requested, or the department may appoint special counsel for the proceedings, subject to the approval of the attorney general.

(4) Except as provided in 81-9-240, the initiation of an action for review or the taking of an appeal does not stay the effectiveness of an order of the board unless the court finds that there is probable cause to believe:

(a) that refusal to grant a stay will cause serious harm to the affected party; and

(b) that a violation found by the board will not continue or, if it does continue, the harmful effects on state waters will be remedied immediately on the cessation of the violation.

(5) If a court does not stay the effectiveness of an order of the board, it may enforce compliance with that order by issuing a temporary restraining order or an injunction at the request of the board.

History: En. Sec. 15, Ch. 21, L. 1971; amd. Sec. 66, Ch. 349, L. 1974; R.C.M. 1947, 69-4821; amd. Sec. 2496, Ch. 56, L. 2009; amd. Sec. 7, Ch. 416, L. 2009.